Perfecting the Intellectual Property Law to promote commercialization of research results

The Ministry of Science and Technology is continuing to amend and supplement the Law on Intellectual Property to perfect the legal framework for intellectual property protection activities, promote innovation, application and commercialization of research results, in line with the development requirements of the knowledge-based economy in the digital transformation period.

Although the revised Law on Intellectual Property (IP) 2025 has taken effect since October 1, 2025, at this session, the National Assembly continued to consider amending and supplementing a number of articles to perfect the innovation protection mechanism, expand the rights of co-authors, and at the same time orient the development of a legal framework to regulate digital assets and artificial intelligence (AI). This is considered an important preparatory step for Vietnam to adapt to the wave of global innovation and digital transformation.

After nearly two decades of implementation, the 2005 IP Law has been amended many times (2009, 2019, 2022). However, the new development context, especially the requirements for technology transfer, innovative startups and the emergence of generative AI models, requires the law to continue to be improved to keep up with practice.

According to the Law on Science , Technology and Innovation 2025 (Law No. 93/2025/QH15), many provisions of the Law on Intellectual Property are amended and supplemented to facilitate research, registration and exploitation of intellectual property rights. Specifically:

Articles 86 and 164 are amended to clarify the right to register inventions, industrial designs, layout designs and plant varieties in cases of co-authorship. Specifying the responsibilities and rights between co-authors helps ensure fairness, transparency and encourages the spirit of cooperation in scientific research. Organizations and individuals investing funds, equipment and human resources for creative activities have a clear legal basis to negotiate remuneration and divide benefits, avoiding prolonged disputes.

Along with that, some duplicate and inappropriate regulations on registration procedures have been abolished to streamline the legal system and reduce administrative burden.

According to experts, these adjustments help expand the space for commercialization of research and development (R&D) products, bringing innovative results from the laboratory to the market. The law also requires increased transparency in the transfer, use and exploitation of intellectual property rights, forming a fair and dynamic intellectual property market, an important factor for the development of the knowledge economy .

A notable new point is the orientation to expand the scope of protection for intellectual products in the digital environment, an area that the current law still leaves open. The Ministry of Science and Technology is finalizing the next draft amendment to the Law on Intellectual Property, focusing on perfecting the mechanism to promote innovation, develop the intellectual property market, strengthen the protection of digital assets, ensure transparency in rights transactions and improve enforcement capacity.

In the context of increasingly popular generative AI, the problem of determining the author of AI-generated intellectual products is posing a major challenge to the global legal system. Vietnam is no exception to that trend. The early establishment of principles for determining copyright in products combining humans and machines is considered an urgent requirement, in order to ensure fairness in protection and encourage creativity.

In addition to AI, digital assets such as NFTs, big data, open-source software, and intangible invention models are also increasingly valuable commercially. Amending the law in an open direction helps management agencies have appropriate legal tools to handle disputes, establish ownership, and value new types of assets.

Along with institutional improvement, experts also said it is necessary to improve enforcement capacity, including training appraisers, strengthening inspection and examination, and promoting international cooperation in handling intellectual property rights violations.

Another important direction is to digitize the entire process of registration and management of intellectual property rights, creating favorable conditions for businesses and individuals to look up, register and exploit data online. When the open data system is linked between the Ministry of Science and Technology, the Ministry of Justice and the Ministry of Culture, Sports and Tourism, the capacity to monitor and evaluate intellectual property will be significantly improved.

By 2030, Vietnam aims to have at least 70% of applied research products commercialized and a professional intellectual property trading market established. The revised Intellectual Property Law 2025 is an important step in a series of policies to support innovation, contributing to enhancing national competitiveness in the digital age.

With timely adjustments, the revised Law on Intellectual Property demonstrates Vietnam’s determination to build a modern, flexible legal foundation that keeps up with global technology trends. When creative rights are properly protected and encouraged, innovation will become a driving force for sustainable development, making intellectual property truly an important resource of the knowledge economy.

Center for Science and Technology Communication

Source: https://mst.gov.vn/hoan-thien-luat-so-huu-tri-tue-de-thuc-day-thuong-mai-hoa-ket-qua-nghien-cuu-197251026131851899.htm